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Have you been the victim of an assault? Report crime of injury

Criminal Law
Have you been the victim of an assault? Report crime of injury

If you have been the victim of an assault, it is important that you report the aggressor. Most injuries crimes cannot be prosecuted if there is no prior complaint from the victim or his legal representative. 

When it comes to channeling a complaint or complaint against this type of crime, you should have the legal assistance of specialized criminal lawyers. At Forcam Abogados we are specialized in crimes against people, so that we can defend you with the highest expectations of success. 

In this article we are going to explain the consequences of injury crimes, to demonstrate that this type of behavior does not go unpunished in our Legal System.

Assaults in the crime of injuries

The conviction of the crime of injuries will depend on the circumstances that occur in each case. In general, we can differentiate the following ways of committing the crime:

1.- Minor injuries. Impair bodily integrity or physical or mental health.

2.- Injuries. In addition to first medical assistance, they require medical or surgical treatment. 

3.- Mistreatment. It does not imply an injury, but it does imply blows or mistreatment at work.

4.- Aggravated injuries. They involve the concurrence of aggravating circumstances, such as the use of particularly dangerous means or the vulnerability of the victim. 

5.- Mutilation. It implies the deprivation of members, organs or senses, differentiating between the main and the non-main.

6.- Reckless injuries. It supposes the commission of any of these behaviors without the intention to harm.

We have another article on our website in which we detail the characteristics of each of these forms of crime. We refer the reader for more information.

On the other hand, we reserve for two later sections injuries in the domestic sphere or gender violence.

Criminal Liability 

Criminal liability for a crime of injury or assault includes prison sentences and fines. In summary, these are the applicable penalties: 

1.- Minor injuries. Fine of one to three months. 

2.- Injuries. Imprisonment from three months to three years or a fine of six to twelve months. 

3.- Mistreatment. Fine of one to two months.

4.- Aggravated injuries. Prison from two to five years.

5.- Mutilation. Imprisonment from six to twelve years when it affects members or main organs and from three to six years in another case.

6.- Reckless injuries. In this case, only the most serious injuries are punished, the penalty depending on their severity. In addition, it can include the prohibition of driving motor vehicles, of having or carrying weapons or special disqualification for office, profession or trade.

Civil Liability 

Apart from criminal liability, the victim of an injury crime can claim compensation. This can be conveyed through a lawsuit (civil route) or in the complaint itself (criminal route). 

It is not necessary to go through criminal proceedings to demand compensation. In fact, in many cases of medical malpractice we find that the victim does not want to go through the complexities of the criminal process, limiting himself to claiming his compensation in civil proceedings.

Aggressions in the field of gender violence

Especially serious are the aggressions in the field of gender violence. These are those that affect the wife or woman who is or has been linked to the author by a similar affective relationship, even without living together. 

In these cases, precautionary measures can be requested, such as the well-known restraining order. In addition, the Judgment must rule on definitive measures, which may also affect issues related to parental authority and custody of children in common.

Assaults in the field of domestic violence

Broader than the scope of gender violence is that of domestic violence. In this case we are talking about crimes that affect the victim mentioned above, but also especially vulnerable people who live with the perpetrator, descendants, ascendants or siblings of their own or of the spouse, people subject to power, guardianship, curatorship, foster care or de facto guardianship. … 

Once again, we are faced with aggravating circumstances that, in addition, make it advisable to request protection measures.

Contact us, and our lawyers specializing in criminal law will study your specific case. We offer assistance and criminal advice at a national and international level. In addition, we have:

Law firm in Barcelona
Law firm in Madrid
Law firm in Reus